A worker was injured when a section of pipe fell during the installation of a furnace.
The Ministry found that Trade-Mark Industrial Inc. failed to ensure that every part of the project, including a temporary structure, was adequately braced to prevent movement that could affect its stability or cause it to fail or collapse.
That is the finding, and it is enough to work with. Here is what the bracing requirement asks of you.
What Happened
Trade-Mark Industrial Inc., a Cambridge contractor specializing in millwrighting, rigging, piping, and HVAC services, was performing work that included the installation of a furnace at Gerdau Ameristeel Corporation's industrial facility at 1 Gerdau Court in Whitby.
On May 10, 2023, a section of pipe fell during that installation. A worker sustained an injury.
A Ministry of Labour investigation found that the company failed to ensure that every part of the project, including a temporary structure, was adequately braced to prevent movement that could affect its stability or cause it to fail or collapse.
Trade-Mark Industrial Inc. was convicted in the Provincial Offences Court in Whitby on March 3, 2026 and fined $80,000 plus a 25% victim fine surcharge, under Section 31(1)(b) of O. Reg. 213/91 contrary to Section 25(1)(c) of the OHSA.
What the Law Says
Section 31(1)(b) of Ontario Regulation 213/91 (Construction Projects): "Every part of a project, including a temporary structure, shall be adequately braced to prevent any movement that may affect its stability or cause its failure or collapse."
Basically, what this means is simple: every part of a project, including any temporary structure, has to be braced well enough that it cannot move in a way that affects its stability or causes it to fail or collapse. The duty runs for as long as the part is in place. There is no temporary exception.
The conviction and $80,000 fine reflect how seriously the court takes this duty.
Practical Actions for Supervisors
Supervisors are the last line of defence before an inadequately braced structure becomes an injury. Here's what the court expects you to do:
Keep asking: "Before this crew lifts, loads, or works near any part of this structure, is every part of it braced well enough that it cannot shift, fail, or collapse?"
- Confirm the bracing on every part of the project, including any temporary structure, before work starts near it and again whenever the load or the support arrangement changes
- Treat a temporary support as a structure that has to be adequately braced in its own right, not as a stopgap that is exempt until the permanent one goes in
- Require a pre-task review before any lift, installation, or repositioning that answers one question: what is holding this in place, and can it hold
- Treat a worker's report that a support looks inadequate as a stop-work trigger for that component, not as a note for later follow-up while work continues
- Confirm that all foremen on your crews understand their obligation under Section 27(2)(c) of the OHSA to take every precaution reasonable in the circumstances for the protection of workers
Practical Actions for Employers
Employers must build the system that keeps every part of a project braced while people work on and around it. That system must include:
- Written procedures for pipe and equipment installation that state what bracing each part of the project requires, including any temporary structure, before a load is applied
- A requirement that bracing be designed and checked by someone competent to do it, and that the check is recorded before work proceeds
- Pre-job site checks that confirm the specified materials and supports are on site before work begins
- Training for all foremen and supervisors on the requirement under Section 31(1)(b), O. Reg. 213/91 that every part of a project, including a temporary structure, must be adequately braced at all times
- A system for communicating known deficiencies to all crews working in the same area, so that every crew interacting with a part of the structure is told before their work begins
- Incident review protocols that treat inadequate bracing as a system failure rather than a one-off, and put the fix in writing to prevent recurrence
Employers must demonstrate due diligence, meaning documented, proactive efforts to prevent structural failures during installation and maintenance work. The bracing requirement applies continuously, for as long as the part is in place.
How to Use This Case in Your Workplace
This case is a valuable safety conversation starter. Use it during:
- Pre-job planning meetings before any pipe installation, HVAC work, or structural connection work at industrial facilities
- Foreman and supervisor training on stop-work authority and the duty to confirm bracing before work proceeds
- Toolbox talks about the real meaning of "adequate bracing" under Ontario's construction regulation
Walk your team through the scenario and ask:
- "Before any crew works on or near this system, who has confirmed that every part of it, including the temporary supports, is adequately braced?"
- "What in our procedure stops the work when a support is not adequate?"
- "Is there anything on this site right now being held up by a temporary support that nobody has checked?"
This case reinforces a simple message: a temporary structure is still part of the project, and it has to be braced like one.
Case Summary
- Hazard Type: Structural Bracing · Temporary Structures · Pipe Installation
- Root Cause: A part of the project, including a temporary structure, was not adequately braced against movement that could affect its stability or cause it to fail or collapse
- Immediate Cause: A section of pipe fell during the installation of a furnace, injuring a worker
- System Gaps Identified:
- Bracing of every part of the project, including the temporary structure, was not adequate to prevent movement, failure or collapse
- Key Teaching Point: Section 31(1)(b), O. Reg. 213/91 requires that every part of a project, including a temporary structure, be adequately braced at all times. Temporary does not mean exempt.
- Conviction Details:
- Who: Trade-Mark Industrial Inc., 250 Royal Oak Road, Cambridge, Ontario
- When: Offence May 10, 2023; Conviction March 3, 2026
- Where: Gerdau Ameristeel Corporation, 1 Gerdau Court, Whitby, Ontario
- Penalty: $80,000 fine + 25% victim fine surcharge
- Court: Provincial Offences Court, Whitby; Justice of the Peace Louis Bourgon